IN THE MATTER OF ISHMAEL L.
Motion No: CAF 22-00567
Slip Opinion No: 2023 NY Slip Op 74961(U)
Decided on October 6, 2023
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


October 6, 2023

PRESENT: WHALEN, P.J., SMITH, LINDLEY, CURRAN, AND BANNISTER, JJ.

CAF 22-00567
Docket No: NN-03088-20
CAF 23-01395
Docket Nos: NN-00912-22, NN-03088-20

IN THE MATTER OF ISHMAEL L.



ONEIDA COUNTY DEPARTMENT OF SOCIAL SERVICES,

PETITIONER-RESPONDENT;

ROMEL L., RESPONDENT,

AND TAJIONNA S.P., RESPONDENT-APPELLANT.

IN THE MATTER OF MAXINE L. AND ISHMAEL L.

———————————————————& mdash;——

ONEIDA COUNTY DEPARTMENT OF SOCIAL SERVICES,

PETITIONER-RESPONDENT;

TAJIONNA P., RESPONDENT-APPELLANT,

AND ROMEL L., RESPONDENT.


Appeals having been taken herein from orders of the Family Court, Oneida County, entered March 9, 2022, and June 1, 2023, and respondent-appellant having applied for permission to proceed as a poor person and for assignment of counsel on the appeal taken from the order entered June 1, 2023 (CAF 23-01395),

Now, upon reading and filing the papers with respect to the applications, and due deliberation having been had thereon,

It is hereby ORDERED that the appeal taken from the order entered March 9, 2022 (CAF 22-00567), is dismissed (see Matter of Mea V. (Brandon V.), 210 AD3d 1408, 1408 [4th Dept 2022]), and

It is further ORDERED that the applications are granted, and

It is further ORDERED that Peter DiGiorgio, Jr., Esq., 2103 Genesee Street, Utica, New York 13501, is hereby assigned as counsel to conduct the appeal taken from the order entered June 1, 2023, and

It is further ORDERED that the Oneida County Family Court Clerk provide Peter DiGiorgio, Jr., Esq., with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based, and

It is further ORDERED that the transcripts, if any, shall be filed with the Oneida County Family Court Clerk, within 30 days of the date of this order, pursuant to Family Court Act § 1121 (7), and

It is further ORDERED that the record and briefs are to be filed and served within 60 days of the filing of the transcripts with the Oneida County Family Court Clerk.

Entered: October 6, 2023

Ann Dillon Flynn

Clerk of the Court